48-1621. Terms and conditions of licenses; transfer of title to state, when.
48-1621
48-1621. Terms and conditions of licenses; transfer of title to state, when.(a) Any radioactive materials license issued or renewedafter the effective date of this act for any activity which results in theproduction of by-product material or source material mill tailings shallcontain such terms and conditions as the secretary determines to benecessary to assure that, prior to termination of such license:
(1) The licensee will comply with decontamination, decommissioning andreclamation standards prescribed by the secretary which shall beequivalent, to the extent practicable, or more stringent than those of theUnited States nuclear regulatory commission for sites: (A) At which oreswere processed primarily for their source material content; and (B) atwhich such by-product material or mill tailings are deposited; and
(2) ownership of any disposal site and such by-product material or milltailings which resulted from the licensed activity shall, subject to theprovisions of subsection (b), be transferred to: (A) The United States; or(B) the state, if the state exercises the option to acquire land used forthe disposal of such by-product material or mill tailings. Any licensewhich is in effect on the effective date of this act and which issubsequently terminated without renewal shall comply with paragraphs (1)and (2) of this subsection (a) upon termination.
(b) (1) The secretary shall require by rule and regulation, or orderthat, prior to the termination of any license which is issued after theeffective date of this act, title to the land, including any intereststherein, other than land held in trust by the United States for any Indiantribe or owned by an Indian tribe subject to a restriction againstalienation imposed by the United States or land already owned by the UnitedStates or by the state, which is used pursuant to such license for thedisposal of by-product material or source material tailings shall betransferred to: (A) The United States; or (B) the state, unless the UnitedStates nuclear regulatory commission determines prior to such terminationthat transfer of title to such land and such by-product material or milltailings is not necessary or desirable to protect the public health, safetyor welfare or to minimize danger to life or property.
(2) If transfer to the state of title to such by-product material ormill tailings and land is required, the secretary shall, following theUnited States nuclear regulatory commission's determination that thelicensee has complied with applicable standards and requirements under thelicense, assume title to such by-product material or mill tailings and landand maintain such by-product and mill tailings and land in such manner aswill protect the public health and safety and the environment.
(3) The secretary is authorized to undertake such monitoring,maintenance and emergency measures as are necessary to protect the publichealth and safety for those materials and property for which custody hasbeen assumed pursuant to this act.
(4) The transfer of title to land or by-product materials or sourcematerial mill tailings to the United States or the state shall not relieve anylicensee of liability for any fraudulent or negligent acts done prior to such transfer.
(5) By-product material and mill tailings and land transferred to theUnited States or the state in accordance with this subsection: (A) Shall betransferred without cost to the United States or the state other thanadministrative and legal costs incurred by the United States or the statein carrying out such transfer; or (B) in licensing and regulation ofby-product material and source material tailings or of any activity whichresults in the production of by-product material and such tailings, thesecretary shall require compliance with applicable standards promulgated bythe secretary which are equivalent, to the extent practicable, or morestringent than, standards adopted and enforced by the United States nuclearregulatory commission for the same purpose, including requirements andstandards promulgated by the United States environmental protection agency.
History: L. 1984, ch. 198, § 14; July 1.